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Little Known Ways to Increase Your Personal Injury Settlement


Sarah was riding on the back of her boyfriend’s motorcycle when they were suddenly rear-ended by a car with such force that Sarah flew off the back of the bike and onto the hood of the car. In a rage, Sarah’s boyfriend jumped off the bike and grabbed the driver out his car. A fight ensued. As a result of the fight, the cops arrested both Sarah’s boyfriend and driver of the car. As a result of the arrest, Sarah decided to go down to the police station to bail out her boyfriend instead of the hospital. After leaving the police station, Sarah then went home.

The next morning, Sarah woke up unable to move, so she stayed in bed all that day. Sarah’s boyfriend gave her some of his left over OxyContin, which she took for a few days. When the OxyContin ran out, Sarah began taking over-the-counter pain killers. After about one week, Sarah felt well enough to return to work as a barista. However, Sarah noticed that her left wrist continued to hurt. Finally, after about 3 months, Sarah finally went to Urgent Care, where they took an x-ray revealing a healed fracture in one of wrist bones. Now worried, Sarah called a personal injury attorney to get some legal advice.
Unfortunately, Sarah has already made some mistakes regarding her personal injury claim. Let’s see what Sarah should have done to protect her rights and increase the value of her personal injury claim.

1. Sarah should have sought out medical treatment immediately after the accident.

Sarah will now have a difficult time showing that her wrist fracture was caused by accident because of the 3 month delay, and the fact that her fracture is now healed. The insurance company will argue there aren’t any medical records showing that Sarah’s wrist was hurt in the accident, and that X-rays cannot show when the healed fractured happened. “Who knows?” The insurance adjuster will argue, “Maybe this is an old injury left over from childhood.”
However, if Sarah had received medical attention immediately after the accident, her medical records would have documented her left wrist pain and her x-ray would have shown her wrist fracture was caused by the accident. This documentation would have increased the value of Sarah’s personal injury settlement.

2. Sarah should have actively received medical treatment with no gaps in her treatment.

What Sarah didn’t know is that the insurance company will only pay pain and suffering money for the time that Sarah is actively receiving medical care. Because Sarah did not receive any medical treatment for the 3 months following the accident, the insurance company will argue that she “obviously” was not in pain during this time and will not give her any pain and suffering compensation. Additionally, Sarah doesn’t have any medical records or pain killer prescriptions to document that she was experiencing pain and suffering during this time.

By trying to minimize her costs by avoiding the doctor and taking her boyfriend’s pain medication, Sarah ended up losing at least 3 months worth of pain and suffering compensation from the insurance company. Make sure you do not make these same mistakes. Seek immediate medical treatment after an auto accident, and then follow your prescribed medical treatment, including taking your pain medication. Remember, if you have any gaps in medical treatment then the insurance company will deduct your pain and suffering compensation during these gaps. By following your prescribed medical treatment and avoiding any gaps in treatment, you will maximize the value of your personal injury settlement.

Finally, call a personal injury lawyer as soon as possible to protect your rights.

The attorneys at , Goldman, Babboni, Fernandez, & Walsh are dedicated to protecting injured victims in Lakeland, Arcadia, Punta Gorda, and Southwest Florida. As experienced personal injury lawyers, we quickly help our clients recover from their devastating injuries and maximize their personal injury settlements. Stay informed by following us on Twitter, or subscribing to our Blog. Contact us for your FREE Consultation with No Obligation by visiting our Website or calling us at (800) 954-4014.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Little Known Ways to Increase Your Personal Injury Settlement

Goldman Babboni Fernandez
Murphy & Walsh




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